The veteran's post-concussion syndrome with headaches, organic disorder, and dysthymia is rated at 100% prior to June 23, 1999, and since then the rating has been increased to 70%. The veteran's labyrinthitis warrants a 30% disability rating. Right ear hearing loss does not warrant any compensable evaluation.,The veteran was granted a 100% disability rating for his service-connected post-concussion syndrome with headaches, organic disorder, and dysthymia prior to June 23, 1999, based on the evidence showing he was demonstrably unable to obtain or retain employment as a result of this condition. The veteran's labyrinthitis is rated at 30% since it is manifested by tinnitus, dizziness, and occasional staggering.
The deciding factor: The pre-November 1996 criteria for rating the veteran's post-concussion syndrome are more favorable to him as they result in a grant of a 100 percent disability rating. The amended criteria for rating peripheral vestibular disorder or labyrinthitis do not provide a higher rating than what is currently assigned.,The pre-June 1999 and the amended criteria for rating hearing loss disabilities are not more favorable to the veteran as his right ear hearing loss does not meet the criteria for a compensable evaluation.
- Claimed conditions
- post-concussion syndrome, labyrinthitis, right ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- April 10, 2006
- Citation
- 0610351
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Granted
The Board granted service connection for right ear hearing loss, resolving reasonable doubt in the Veteran's favor based on a finding of etiological relation to in-service noise exposure.
- Denied
The Board denied service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
- Partly granted
The Board granted an initial rating of 70 percent for the Veteran's service-connected depressive disorder due to another medical condition with depressive features and generalized anxiety disorder, denied a higher rating for his migraine including migraine variants, and denied ratings for other conditions.
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